Alaska Last Will and Testament

In addition to testamentary trusts (i.e., trusts created through a last will and testament) that provide a benefit for people, Alaska law specifically allows the creation of a “pet trust” in order to provide for the care of an animal after its owner’s death. A pet trust in Alaska must be for a period of 21 years or less and terminate upon the death of the last animal covered by the trust. This trust would be used for the care of the animals included in the trust.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Alaska has informal probate, which bypasses the court to distribute property, as well as supervised administration, which can be requested to have the court oversee property distribution.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. Generally speaking, in Alaska, if you have a surviving spouse, he or she will inherit your entire estate unless you also have descendants that are not shared with the spouse. The surviving spouse's share depends on whether you also have such descendants or surviving parents and whether the surviving spouse has other descendants from a previous relationship.

If you don’t have a surviving spouse or other descendants, then other relatives, such as siblings and grandparents, will inherit your estate. Their share depends on the closeness of their relation to you.

If you would like to have control over the distribution of your assets and to avoid the application of intestacy laws, it is vital that you have a will.

Exceptions to ability to distribute property

Not all property you own can be distributed according to an Alaska will. For example, any property owned as a joint tenant with right of survivorship cannot be devised by will.

Other restrictions in Alaska include the following:

• Spousal elective share: Surviving spouse is entitled to 1/3 of the value of the estate, reduced by funeral and administrative expenses, homestead allowance, family allowances, exempt property, and enforceable claims against the estate.
• Homestead allowance: Surviving spouse is entitled to a homestead allowance of $27,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance in equal shares totaling $27,000.
• Exempt property: Surviving spouse (or decedent’s children if no surviving spouse) is entitled $10,000 in household furniture, automobiles, furnishings, appliances, and personal effects from the estate.

Form a last will in Alaska

The basic requirements for an Alaska last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in the testator’s presence, by the testator’s direction.
• Witnesses: An Alaska will must be signed by at least two credible witnesses, who should not also be beneficiaries in the will.
• Writing: An Alaska will must be in writing to be valid.
• Beneficiaries: A testator can leave property to any beneficiary.

Other recognized wills in Alaska

Alaska recognizes handwritten (holographic) wills if they are executed in accordance with Alaska law “whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.”